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Upload supporting documents to bills of entry through e-SANCHIT

March 1, 2018 1569 Views 0 comment Print

It has now been decided that it shall be obligatory to upload the supporting documents through e-SANCHIT facility for all the bills of entry filed in JNCH w.e.f. 15.03.2018.

Notification No. 29/2018-Customs, Dated: 01.03.2018

March 1, 2018 3564 Views 0 comment Print

Notification No. 29/2018-Customs In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and sub-section (12) of section 3 of the Customs Tariff Act, 1975 (51 of 1975)

Penalty order liable for cancellation if penalty notice do not specify why it is been initiated

February 28, 2018 3756 Views 0 comment Print

This appeal filed by the assessee is directed against the order dated 08.07.2013 passed by the CIT(A)-IV, New Delhi in appeal No. 03/12-13 for the AY 1997-98 passed u/s 271 (1 )(c) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’ for short].

Penalty Notice without Application of Mind by AO is Invalid

February 28, 2018 1779 Views 0 comment Print

Assessing Officer has issued notice under section 274 r.w.s. 271(1)(c) of the Act dated 27.03.2015 without striking off the irrelevant words, the penalty proceedings show a non-application of mind by the Assessing Officer and is, thus, unsustainable.

Addition U/s 68 merely for Share capital/ premium for Receipts from companies having registered office at same address not justified

February 28, 2018 3483 Views 0 comment Print

Commissioner (Appeals) therefore, rightly noted that there is no law that more than one Company cannot have its Registered Office at one address. The Companies could have change their address later on.

ITAT deletes Addition on account of notional interest on interest free advance

February 28, 2018 4104 Views 0 comment Print

Shri John Jacob Vs JCIT (ITAT Indore) Assessee had produced books of account and audited statements, which proved that the assessee had sufficient surplus in his capital account to give interest free loan. Further that, the AO as well as CIT(A) had not brought anything on record to show that money so advanced was out […]

AO cannot set-off of brought forward loss before allowing remuneration to partner

February 28, 2018 8331 Views 0 comment Print

Computation of book profit is as per section 40(b) and remuneration to partner is based on current year’s “Book Profits”, while set-off of brought forward losses is to be granted in terms of section 72. Therefore, while arriving at business income, deduction of section 40(b) is to be given first and then if at all there remains positive income, brought forward losses are to be set off.

Section 148 Notice in the name of non-existent firm was null and void

February 28, 2018 9576 Views 0 comment Print

AO issued notice under section 148 in the name of firm which had been converted into a private limited company. Assessee’s case was that re-assessment order passed by AO under section 143(3) read with section 147 was null and void. Held: Undisputedly, reassessment proceedings were initiated by AO on a non-existent firm and hence, reassessment order was null and void.

Service Tax payable on Facilitation Fee Charged by RTDC

February 28, 2018 3177 Views 0 comment Print

The Revenue entertained a view that the amount received by the appellant in the name of facilitation fee, is commission from various shops and emporia for providing services of promoting or marketing or selling of goods provided or belonging to the emporia/shops, is liable to Service Tax under the category of ‘Business Auxiliary Service’ in terms of clause 19(i) of Section 65 of Finance Act, 1994.

No Penalty U/s. 271(1)(c) if Not specifically mentioned in assessment order as to which limb penalty was imposed

February 28, 2018 5757 Views 0 comment Print

Levy of penalty under section 271(1)(c) was not justified, where both the assessment order and show cause notice failed to state the specific charge of concealment and/or furnishing of inaccurate particulars of income by assessee.

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